Law: Specific Relief Act, 1877

Section: 12,22

(a) Specific Relief Act (I of 1877)--- ----Ss. 12 & 22---Suit for specific performance of agreement to sell---Remaining sale consideration, depositing of---Readiness and willingness of vendee---Scope---Discretionary powers of the Court---There is no provision, undoubtedly, in the Specific Relief Act, 1877 requiring the vendee to deposit the remaining sale consideration upon filing of the suit for specific performance of contract, however, as the relief of specific performance is discretionary in nature and cannot be claimed as a matter of right, therefore, the vendee must state that he has performed all the conditions which under the agreement he was bound to perform and right from the date of execution of the agreement till filing of the suit he had been ready and willing to perform his part of the contract; he is not only required to state in the plaint his readiness and willingness to perform his part of the contract but also establish through supporting evidence like pay order, bank statement or other material, his ability to perform his part, leaving no doubt in the mind of the Court that the proceedings seeking specific performance have not been initiated to cover up his default or to gain time to generate resources---It is in said context, the Court in order to weigh his (vendee's) capacity to perform and intention to purchase may direct the vendee to deposit the balance sale consideration---Readiness and willingness on the part of the vendee to perform his part of the obligation also prima facie demonstrates that non-completion of the contract was not the fault of the vendee and the contract would have been completed if it has not been renounced by the vendor---No illegality or infirmity had been noticed in the impugned judgments and orders passed by both the Courts below, dismissing the suit filed by the petitioner/plaintiff for non-depositing of remaining consideration---Revision was dismissed, in circumstances. (b) Specific Relief Act (I of 1877)--- ----Ss. 12 & 22---Suit for specific performance of agreement to sell---Equity and fairness in the contract---Remaining sale consideration, non-deposit of---Readiness and willingness of the…

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